Terms and Conditions
Smart Awnings and Canopies (A & C) Terms and Conditions for the provision of Goods and Services.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
- (a)Events Outside Our Control: is defined in clause 13.2;
- (b)Goods: the goods that We are selling to you as set out in the Order;
- (c) Order: your order for the Goods and/or Services as set out overleaf;
- (d)Product: the product We create for you as a result of the Services, as set out in the Order;
- (e) Services: the services that We are providing to you as set out in the Order;
- (f) Terms: the terms and conditions set out in this document; and
- (g) We/Our/Us: Smart Awnings and Canopies of 13 Harbury Road, Henleaze Business Centre, Bristol; BS9 4PN
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.4 on receipt of a deposit. If We are unable to supply you with the Goods and/or Services, We will inform you of this and We will not process the Order.
2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.6 We shall assign an order number to the Order and inform you of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.7 Our website, catalogue and brochure are solely for the promotion of Our Goods in the UK. We do accept and fulfil orders from outside the UK.
2.8 The images of the Goods on Our website or in Our catalogue or brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images. Although We have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on Our website or in Our catalogue or brochure have a 2% tolerance.
3. CHANGES TO ORDERS OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
- (a) changes in how We accept payment from you;
- (b) changes in relevant laws and regulatory requirements;
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 14
3.3 You may make a change to the Order for Goods and/or Services within five calendar days of placing an Order by contacting Us, except in the case of made-to-measure Goods. Where this means a change in the total price of the Goods and/or Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 14 in these circumstances.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 14 In the case of made-to-measure Goods, unfortunately, because We make these Goods to your specific requirements, you will not be able to cancel an Order once it is made.
4. MADE-TO-MEASURE GOODS
4.1 We make the Goods according to the measurements you provide Us unless We have carried out a site survey for the Goods on Your behalf. You can find information and tips on how to measure in Our brochure or on Our website, or by contacting Us.
4.2 Please make sure your measurements are correct and accurate. Unfortunately, We cannot accept the return of made-to-measure Goods if the reason for the return is because you provided Us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office.
5. DELIVERY OF GOODS
5.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address.
5.2 We will contact you with an estimated delivery date. Occasionally Our delivery to you may be affected by an Event Outside Our Control. See clause 13 for Our responsibilities when this happens.
5.3 If you have asked to collect the Goods from Our premises, you can collect the Goods from Us at any time during Our working hours on weekdays. Collection must be made within 10 working days of Us notifying you that the goods are available. We may charge storage for goods that are not collected within this period.
5.4 Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us or you collect them from Us.
5.5 If no one is available at your address to take delivery, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery which will incur a repeat delivery cost.
5.6 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.7 The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from Us.
>5.8 You own the Goods once We have received payment in full.
6. IF THE GOODS ARE FAULTY
6.1 In the case of Supply Only orders you must tell Us about any loss or damage giving rise to a claim within 7 days of the date of delivery and confirm it to Us in writing within 21 days. If you do not do this We will not be liable for any loss or damage unless you prove that:
- (a) The consignment was signed for as
damaged or missing on receipt;
- (b) It was not reasonably possible for you to tell Us or make the claim in writing within the time we set; and
- (c) The advice or claim was made at the first reasonable opportunity.
If a claim is made for damage or loss of part of a Consignment, the person making the claim must make sure that we can inspect the goods and their packaging if we so wish. We will not make any payment to you for damage or loss unless the goods and their packaging are made available to Us for inspection for a reasonable period after your claim has been made. We may also request further evidence such as photographs.
6.2 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. THIRD-PARTY MANUFACTURER’S GUARANTEE OF GOODS
7.1 The Goods come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods.
7.2 This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8. SELLERS GUARANTEE OF SERVICES
8.1 We guarantee for a period of one year from delivery, we will repair and /or fix any defects in the Services provided subject to you complying with clause 10.1. If you ask us to attend and there is no defect, or the defect is not attributable to defective services by Us, we may charge you Our standard current maintenance fees.
9. PROVIDING SERVICES
9.1 We will supply the Services to you on the date set out in the Order.
9.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 for Our responsibilities when an Event Outside Our Control happens.
9.3 We will need certain information from you that is necessary for Us to provide the Services, for example, width and height measurements of the proposed opening. We will contact you about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If we suspend the Services under this clause 9.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices We have already sent you. You agree that should the schedule of work be aborted or extended because of a delay or obstruction to the Services caused by you, We may choose to apply an abort fee; this fee would be 50% of the original Service charge in your Order, including VAT.
9.4 We may have to suspend the Services if We have to deal with technical problems, or to make improvements agreed between you and Us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 9.4 but this does not affect your obligation to pay for any invoices We have already sent you.
9.5 If you do not pay Us for the Services when you are supposed to as set out in clause 11.4, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 11.6). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 11.5.
10. IF THERE IS A PROBLEM WITH THE SERVICES
10.1 In the unlikely event that there is any defect with the Services:
- (a) please contact Us and tell Us as soon as
- (b) please give Us a reasonable opportunity to repair or fix any defect.
10.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
11. PRICE AND PAYMENT
11.1 The price of the Goods and/or the Services will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
11.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
11.3 The prices for the Goods exclude delivery costs, which will be added to the total amount due.
11.4 You must make payment for Goods and/or Services in advance by bank transfer unless otherwise agreed. We accept payment with Visa, Mastercard or Amex. Your rights to a refund on cancellation are set out in clause 14. The goods remain the property of Smart Awnings and Canopies unless been paid for in full.
11.5 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
11.6 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 11.5 will not apply for the period of the dispute.
12. OUR LIABILITY TO YOU
12.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
12.2 If We are installing the Goods and/or providing Services in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre- existing faults or damage to your property that We discover in the course of installation and/or performance by Us. We are not responsible for the failure of any masonry or rendered surfaces by cracking or collapsing while drilling or fixing.
12.3 We do not exclude or limit in any way Our liability for:
- (a) death or personal injury caused by Our
negligence or the negligence of Our employees, agents or subcontractors;
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- (d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- (e) defective products under the Consumer Protection Act 1987.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
13.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
13.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- (a) We will contact you as soon as reasonably
possible to notify you; and
- (b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
13.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods and/or Services. Please see your cancellation rights under clause 14. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks in accordance with Our cancellation rights in clause 14.
14. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
14.1 Before We begin to provide the Services or the Goods are delivered, and provided you are a consumer not in the course of a business you have the following right to cancel an Order for Goods (other than made-to-measure Goods) and/or Services, including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
- (a) You may cancel any Order for Goods and/or
Services within 14 days of placing an Order where the order was made at your
home or through computer in your home and you have not signed a waiver. We will
confirm your cancellation in writing to you.
- (b) If you cancel an Order under clause 14.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you.
- (c) Where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
This does not affect your statutory rights and you can obtain advice from your local Citizens Advice Bureau or Trading Standards Office.
14.2 Unfortunately, as the made-to-measure Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described).
14.3 If you have placed an Order with us during the course of your business you may cancel the Order within 48 hours of placing the Order provided we have not commenced the Services and/or delivery of the Goods.
14.4 You may also cancel the Order because We are affected by an Event Outside Our Control or We change these Terms under Clause 3.1 to your material disadvantage.
14.5 Any cancellation under Clauses 14.3 and 14.4 can be done by contacting Us and we will confirm the cancellation in writing to you.
15. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
15.1 If We have to cancel an Order for Goods (including made-to-measure Goods) and/or Services before the Services start or the Goods are delivered:
- (a) We may have to cancel an Order before the start
date for the Services or before the Goods are delivered, due to an Event
Outside Our Control or the unavailability of stock or (in the case of Services)
key personnel or key materials without which We cannot provide the Services. We
will promptly contact you if this happens.
- (b) If We have to cancel an Order under clause 15.1(a) and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you.
- (c) Where We have already started work on your Order for Services or made-to- measure Goods by the time We have to cancel under clause 15.1(a), We will not charge you anything and you will not have to make any payment to Us.
15.2 We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
- (a) you do not pay Us when you are supposed to as
set out in clause 11.4. This does not affect Our right to charge you interest
under clause 11.5; or
- (b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing.
16. INFORMATION ABOUT US AND HOW TO CONTACT US
16.1 We are a partnership registered in England and Wales and Our registered office is 45 Northumbria Drive, Henleaze, Bristol BS9 4HN. Our registered VAT number is 360916202
6.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 07971917201 or by e-mailing Us at email@example.com
16.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Smart Awnings and Canopies, 45 Northumbria Drive, Henleaze, Bristol BS9 4HN . We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
17. HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 We will use the personal information you provide to Us to:
- (a) provide the Goods and/or Services;
- (b) process your payment for such Goods and/or Services; and
- (c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
17.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
17.3 We will not give your personal data to any other third party.
18. OTHER IMPORTANT TERMS
18.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
18.2 You may transfer the benefit of the guarantee in clause 7.1 to any purchaser of your property. You may only transfer your other rights or your obligations under these Terms to another person if We agree in writing.
18.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 7.1 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
18.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.